Terms of service
OVERVIEW
Welcome to Colt & Coast. The terms “we”, “us” and “our” refer to Colt & Coast.
Colt & Coast operates this website and online store, including the information, content, features, tools, products and services made available through it (the “Services”). Our online store is powered by Shopify.
These Terms of Service (“Terms”) describe your rights and responsibilities when you access or use our Services.
Please read these Terms carefully. By visiting, interacting with or using our Services, you agree to be bound by these Terms and our Privacy Policy. If you do not agree to these Terms or our Privacy Policy, you should not use our Services.
Nothing in these Terms excludes, restricts or modifies any rights or remedies available to you under the Australian Consumer Law that cannot lawfully be excluded, restricted or modified.
SECTION 1 – ACCESS AND ACCOUNTS
By using the Services, you represent that you are at least the age of majority in your state or territory of residence, or that you have permission from a parent or legal guardian to use the Services.
When using our Services or making a purchase, you may be asked to provide information including your email address, billing information, payment details and shipping information. You agree that the information you provide is accurate, current and complete.
You are responsible for maintaining the security of your account credentials and for activity carried out through your account.
SECTION 2 – OUR PRODUCTS
We make every reasonable effort to display and describe our products accurately. However, colours and product appearance may vary depending on your device, screen settings and lighting.
Product descriptions, prices and availability may change without notice.
We reserve the right to discontinue products or limit quantities available to any person or geographic region.
Nothing in this section limits your rights under the Australian Consumer Law, including consumer guarantees relating to the quality, description and fitness for purpose of goods.
SECTION 3 – ORDERS
When you place an order, you are making an offer to purchase products from Colt & Coast.
Your order is not accepted until payment has been successfully processed and we have confirmed your order.
We reserve the right to decline or cancel an order where reasonably necessary, including where there has been an error in pricing or product information, suspected fraud, insufficient stock or another issue preventing us from fulfilling the order.
If we cancel an order after payment has been received, we will provide an appropriate refund.
Please review your order carefully before submitting it. Once an order has been processed or dispatched, we may be unable to accommodate cancellation or amendment requests.
Returns and exchanges are subject to our Refund Policy and your rights under Australian Consumer Law.
Products purchased through our store are intended for personal or household use unless otherwise agreed with us.
SECTION 4 – PRICES AND BILLING
All prices displayed on our website are in Australian Dollars (AUD).
Prices, promotions and discounts may change without notice. The price charged will be the price displayed at the time your order is placed, subject to correction of genuine pricing errors.
Shipping costs are calculated at checkout.
Colt & Coast is not currently registered for Goods and Services Tax (GST), therefore GST is not included in the prices displayed.
You agree to provide accurate and current purchase, payment and account information.
You represent that you are authorised to use the payment method provided for your purchase.
SECTION 5 – SHIPPING AND DELIVERY
Orders are shipped in accordance with our Shipping Policy.
Delivery timeframes are estimates and may be affected by circumstances outside our reasonable control, including carrier delays.
Once your order has been dispatched, you will receive a shipping confirmation email with tracking information where available.
Nothing in this section limits any rights you may have under Australian Consumer Law.
SECTION 6 – INTELLECTUAL PROPERTY
Unless otherwise stated, the content made available through the Colt & Coast website, including our branding, logos, text, photography, graphics, designs, product names, videos and other original content, is owned by or licensed to Colt & Coast and is protected by applicable intellectual property laws.
You may access and use the website for personal, non-commercial purposes.
You must not reproduce, distribute, modify, republish, commercially exploit or otherwise use our intellectual property without our prior written permission, except where permitted by law.
The Colt & Coast name, logos and brand elements may not be used without our prior written permission.
Third-party trademarks and intellectual property remain the property of their respective owners.
SECTION 7 – THIRD-PARTY TOOLS
We may provide access to tools, applications or services operated by third parties.
We do not control these third-party services and their use may be subject to separate terms and privacy policies.
Your use of optional third-party tools is at your discretion and you should review the applicable terms before using them.
We may introduce new features, tools or services in the future, which will also form part of the Services and may be subject to these Terms.
SECTION 8 – THIRD-PARTY LINKS
Our Services may contain links to websites or services operated by third parties.
We are not responsible for the content, accuracy, availability, products, services or privacy practices of third-party websites.
If you choose to access a third-party website, you do so subject to that provider’s applicable terms and policies.
SECTION 9 – RELATIONSHIP WITH SHOPIFY
Colt & Coast uses Shopify to provide and operate its online store.
Purchases made through our store are transactions directly between you and Colt & Coast. Shopify provides technology and services that enable us to operate the store but is not the seller of Colt & Coast products.
Your use of certain Shopify functionality may also be subject to Shopify’s applicable terms and privacy practices.
SECTION 10 – PRIVACY
Personal information collected through our Services is handled in accordance with our Privacy Policy and applicable privacy laws.
Because our online store is hosted by Shopify, certain personal information may also be collected and processed by Shopify and other service providers necessary to operate our store, process payments and fulfil orders.
Please refer to our Privacy Policy for further information about how we collect, use and disclose personal information.
SECTION 11 – REVIEWS AND FEEDBACK
If you submit reviews, photographs, comments, suggestions or other content to Colt & Coast (“Feedback”), you confirm that you have the right to provide that content.
You grant Colt & Coast a non-exclusive, worldwide, royalty-free licence to use, reproduce and display Feedback for purposes connected with operating, promoting and improving our business and Services.
You must not submit content that is unlawful, misleading, defamatory, abusive, obscene, infringes another person’s rights or contains malicious software.
We may remove Feedback that we reasonably consider inappropriate or in breach of these Terms.
SECTION 12 – ERRORS, INACCURACIES AND OMISSIONS
Occasionally, information on our website may contain typographical errors, inaccuracies or omissions relating to product descriptions, pricing, promotions, shipping charges, delivery estimates or availability.
We reserve the right to correct errors and update information.
Where an error affects an order you have already placed, we will contact you where reasonably necessary and deal with the order in accordance with applicable law.
SECTION 13 – PROHIBITED USES
You must not use the Services:
- for unlawful or fraudulent purposes;
- to infringe our intellectual property rights or those of another person;
- to harass, threaten, abuse or harm another person;
- to provide false or misleading information;
- to transmit malicious code, viruses or other harmful material;
- to collect personal information about others unlawfully;
- to spam, phish or engage in other deceptive activity;
- to interfere with the security or proper operation of our website; or
- to reproduce, scrape, extract or commercially exploit our Services or content without permission where such conduct is not otherwise permitted by law.
We may restrict or terminate access to the Services where we reasonably believe these Terms have been breached.
SECTION 14 – TERMINATION
We may suspend or terminate access to the Services where reasonably necessary, including where these Terms have been breached.
Any provisions that by their nature should continue after termination will remain in effect, including provisions relating to intellectual property, liability, privacy and governing law.
SECTION 15 – DISCLAIMER OF WARRANTIES
We aim to provide accurate and reliable Services but cannot guarantee that our website will always be uninterrupted, secure or error-free.
To the extent permitted by law, the Services are provided on an “as available” basis.
Nothing in these Terms excludes, restricts or modifies any consumer guarantee, right or remedy available under the Australian Consumer Law or any other law that cannot lawfully be excluded.
SECTION 16 – LIMITATION OF LIABILITY
To the maximum extent permitted by law, Colt & Coast will not be liable for indirect, incidental, special or consequential loss arising from your use of the Services.
Nothing in these Terms excludes, restricts or modifies any rights or remedies you may have under the Australian Consumer Law, including rights relating to consumer guarantees, faulty goods, repairs, replacements and refunds, where those rights cannot lawfully be excluded.
SECTION 17 – INDEMNIFICATION
To the extent permitted by law, you agree to indemnify Colt & Coast against reasonable losses, liabilities or claims arising directly from your unlawful use of the Services, your material breach of these Terms or your infringement of another person’s rights.
SECTION 18 – SEVERABILITY
If any provision of these Terms is found to be unlawful, invalid or unenforceable, that provision will be severed to the extent necessary and the remaining provisions will continue in effect.
SECTION 19 – WAIVER AND ENTIRE AGREEMENT
If we do not immediately exercise or enforce a right under these Terms, this does not constitute a waiver of that right.
These Terms, together with the policies referred to on our website, constitute the agreement between you and Colt & Coast concerning your use of the Services.
SECTION 20 – ASSIGNMENT
You may not transfer your rights or obligations under these Terms without our prior written consent.
We may transfer or assign our rights and obligations where reasonably necessary in connection with the operation, sale or restructuring of our business, subject to applicable law.
SECTION 21 – GOVERNING LAW
These Terms and any separate agreements through which we provide Services are governed by the laws of Western Australia and the Commonwealth of Australia.
Nothing in these Terms limits any rights you may have to bring proceedings in another jurisdiction where applicable consumer law gives you that right.
SECTION 22 – HEADINGS
Headings are included for convenience only and do not affect the interpretation of these Terms.
SECTION 23 – CHANGES TO THESE TERMS
We may update these Terms from time to time by publishing the revised version on our website.
Where required by applicable law, we will provide notice of material changes.
The version published on our website at the time you use the Services will apply, subject to applicable law.
SECTION 24 – CONTACT INFORMATION
If you have questions about these Terms, please contact:
Colt & Coast
Perth, Western Australia
Email: hello@coltandcoast.com.au
ABN: 37755326304
